- 1 - NC: 2025:KHC:2396 CRL.P No. 7782 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7782 OF 2024 BETWEEN: 1. SRI VENKATESH K R S/O RAMEGOWDA, AGED ABOUT 38 YEARS, 2. SRI MANJUNATHA C S/O CHOWDAPPA, AGED ABOUT 45 YEARS, 3. SRI. SRINIVASA REDDY C V S/O VENKATASWAMY, AGED ABOUT 45 YEARS, PETITIONERS ARE RESIDENTS OF CHAKKARAHALLI VILLAGE, SRINIVASAPURA TALUK-563135 KOLAR DISTRICT, KARNATAKA. …PETITIONERS (BY SRI. HEGDE RAMAKRISHNA S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SRINIVASAPURA POLICE STATION, SRINIVASAPURA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2396 CRL.P No. 7782 of 2024 2. SRI C.V. RAMACHANDRAPPA S/O LATE VENKATAPPA, AGED ABOUT 58 YEARS, CHAKKARLAHALLI VILLAGE, SRINIVASAPURA TALUK-563135 KOLAR DISTRICT, KARNATAKA. …RESPONDENTS (BY SMT.M.M. WAHEEDA .,HCGP FOR R1; SRI. BASAVA PRASAD KUNALE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a) QUASH THE ENTIRE PROCEEDINGS PENDING BEFORE THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR, IN SPL.C.NO.18/2024 (ANNEXURE-A). b) QUASH THE ENTIRE CHARGE SHEET DATED 01.02.2024, FILED BY THE SRINIVASAPURA POLICE, FOR THE OFFENSES P/U/S 323,324,504,506,34 OF IPC, SEC. 3(1)(r)(s),(t) OF SC/ST ACT, IN CR.NO.407/2024, PENDING BEFORE THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR, IN SPL.C.NO.18/2024 (ANNEXURE-B). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek quashing of the impugned proceedings in Spl.C.C.No.18/2024 on the file of the II Additional District and Sessions Judge, Kolar qua the petitioners - accused Nos.1 to 3 for the alleged offences punishable under - 3 - NC: 2025:KHC:2396 CRL.P No. 7782 of 2024 Sections 323, 324, 504, 506 r/w. 34 of the IPC and Sections 3(1)(r), (s) and (t) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. 2. Heard the learned counsels for the parties and perused the material on record. 3. A perusal of the material on record comprising of the FIR, charge sheet, statement of witnesses, documents etc. will indicate that prima facie no offences alleged against the petitioners under Sections 3(1)(r) and 3(1)(s) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 have been made out against the petitioners. On the other hand, the petitioners are being prosecuted for the offences punishable under Section 3(1)(t) of the Act 1989 as well as Sections 323, 324, 504 and 506 read with Section 34 of IPC. 4. Under these circumstances, though several contentions have been urged by both sides in relation to the alleged offences under Sections 3(1)(t) of the SC/ST Act 1989 as well as Sections 323, 324, 504 and 506 of IPC, in the absence of any material to establish that the petitioners are guilty of the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Act - 4 - NC: 2025:KHC:2396 CRL.P No. 7782 of 2024 1989, without expressing any opinion on the merits/demerits of the rival contentions in relation to the allegations in respect of the remaining offences, I deem it just and appropriate to partly allow the present petition and quash the impugned proceedings to the limited/restricted extent of Sections (3)(1)(r) and 3(1)(s) of the Act 1989 and direct continuance of the proceedings in relation to the remaining offences. 5. In the result, I proceed to pass the following: ORDER (i) The petition is hereby allowed in part. (ii) The impugned proceedings in Spl.C.C.No.18/2024 on the file of the II Additional District and Sessions Judge, Kolar against the petitioners - accused *Nos.1 to 3 for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act 1989 are hereby quashed. *Corrected vide chamber order dated 15.02.2025. - 5 - NC: 2025:KHC:2396 CRL.P No. 7782 of 2024 (iii) The Trial Court is directed to continue the proceedings in relation to the remaining offences other than the proceedings under Sections 3(1)(r) and 3(1)(s) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act 1989. All rival contentions are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA ct:sr